Richard Rosen, Violating New York State Environmental Conservation Law 71-2711.3, New York 2007

Brooklyn, NY – Richard Rosen was sentenced to pay over $15,000 in fines and restitution after illegally dumping asbestos-containing material in a residential area of New York in February 2007. The case, investigated by the New York State Department of Environmental Conservation (NYSDEC), highlights the dangers of improper asbestos disposal and the potential health risks to the public.

According to court documents, Rosen removed seven garbage bags filled with friable asbestos from a property he owned. Instead of adhering to strict state regulations for asbestos abatement and disposal, Rosen opted to illegally dump the hazardous waste on New York Department of Transportation (NYDOT) property located at the corner of Karges Street and Uhland Place. Friable asbestos, when disturbed, easily releases microscopic fibers into the air, posing a significant threat of respiratory illness, including lung cancer and mesothelioma.

The NYSDEC initiated an investigation following reports of the dumped material. Investigators quickly determined the substance contained asbestos and traced it back to Rosen. The illegal dumping created a public health hazard, necessitating a costly cleanup operation to safely remove and contain the asbestos-laden bags. The area was cordoned off while a specialized crew, equipped with protective gear, remediated the site.

On February 15, 2007, Rosen was formally charged with one count of violating New York State Environmental Conservation Law (ECL) 71-2711.3, which specifically addresses the unlawful disposal of hazardous waste and endangering public health and safety. He subsequently entered a guilty plea, accepting responsibility for his actions. The prosecution emphasized the severity of the offense, citing the known health risks associated with asbestos exposure and the disregard for established environmental protocols.

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Penalties and Restitution

The court sentenced Rosen to a $13,100 state fine. In addition to the fine, Rosen was ordered to pay $2,654 in restitution to cover the costs associated with the cleanup and remediation of the illegally dumped asbestos. The restitution aims to reimburse the state for the expenses incurred in mitigating the environmental damage and protecting public health. Environmental advocates suggest that while the financial penalties are significant, they do little to address the potential long-term health consequences for those exposed.

Key Facts

Defendant: Richard Rosen
Crime: Illegal Asbestos Dumping
State: New York
Year: 2007
Statute Violated: NYSECL 71-2711.3 (Endangering public health, safety…)
Penalty: $13,100 fine and $2,654 restitution
Location of Dumping: Corner of Karges Street and Uhland Place
Material Dumped: 7 garbage bags of friable asbestos-containing material

This case serves as a stark reminder of the critical importance of proper asbestos handling and disposal. New York State has stringent regulations in place to protect the public from the dangers of this hazardous material, and those who violate these regulations will face serious legal consequences. Residents are encouraged to report any suspected illegal dumping activity to the NYSDEC.

Source: EPA ECHO Enforcement Case Database

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